Gold v. S. Pian Time Payment Jewelry Co.
Missouri Court of Appeals
'Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The court erred in admitting over appellants’ objections, evidence of special damages to the business of respondent, the petition not pleading damages of such character. Townsend on Slander & Libel (4 Ed.), p. 263; 25 Cyc., p. 475 (e); Hermann v. Bradstreet, 19 Mo. App. 231; Nicholson v. Rogers, 129 Mo. 140; Friedman v. Pub. Co., 102 Mo.
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'Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The court erred in admitting over appellants’ objections, evidence of special damages to the business of respondent, the petition not pleading damages of such character. Townsend on Slander & Libel (4 Ed.), p. 263; 25 Cyc., p. 475 (e); Hermann v. Bradstreet, 19 Mo. App. 231; Nicholson v. Rogers, 129 Mo. 140; Friedman v. Pub. Co., 102 Mo. App. 694'. (2) Harmful error was committed in refusing to permit appellants to prove by witness Frank Kohan that he did not understand any of the alleged libelous advertisements to…
1Opinion of the CourtReynolds, P. J.
This’ is an action by plaintiff, respondent here, against the S. Pian Time Payment Jewelry Company, a corporation, and S. Pian, its president, for libelous publications, charged to have been 'levelled at plaintiff. The matter complained of was published in a daily newspaper in the city of St. Louis and is in “ Yiddish,” it being charged that plaintiff and the defendant company are carrying on business as dealers in jewelry on the time payment plan, their places of business within a short distance of each other, and that both seek their custom in the siame neighborhood and among the same class…
2Cases cited9 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Markey v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1904
- Hoyberg v. HenskeSupreme Court of Missouri · 1899
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3Cited by5 opinions
- Turner v. Yellow Cab Company of SpringfieldMissouri Court of Appeals · 1962
- Coats v. News CorporationSupreme Court of Missouri · 1946
- Baldwin v. Hilo Tribune-Herald, Ltd.Hawaii Supreme Court · 1931
- Kettlehake v. American Car & Foundry Co.Missouri Court of Appeals · 1913
- Boomshaft v. KlauberMissouri Court of Appeals · 1916